Revolutionary War Pension and Bounty Land Warrant Application File S. 8566, Andrew Gilman, Continental N.H.

SERVICE
NUMBER
Continental
Gilman, Andrew
S 8566
N.H.
Carded
CONTENTS

10667 New Hampshire Andrew Gilman
Rockingham in the State of N H who was a Private in the company commanded by Captain _____ of the Regt & commanded by Col Reed in the N H time for 10 Mos 17 Days
Inscribed on the Roll of N H at the rate of 35 Dollars 21 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 18 th day of Apr 1832 and paid to John Kelley Receiver N H
Arrears to the 4th of Mar 1833 $70.42 Semi-ant. allowance ending 4 Sep 17.60
$88.02
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J H M c Blain Clerk, Book 2, Vol. 1, Page 88.

BRIEF in the case of Andrew Gilman County of Rockingham in the State of New Hampshire (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 77 years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     Jan In 1795 - 14 Private Gen. Lord Howe   20th June 1775 9 " Gen. Gilman Col. Reed   Sept 1777 x 3 " Col. Langdon Gen. Gates   + Per Rolls of same  
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? Newmarket New Hampshire  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? To the contrary  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Richard Cutter Examining Clerk.

State of New Hampshire County of Rockingham
On this fourteenth day of November AD 1832 personally appeared in open court before the Hon ble John Harvey Judge of Probate for the County of Rockingham aforesaid now sitting in Exeter in said County. Andrew Gilman a resident of Newmarket in the County of Rockingham and State of New Hampshire aforesaid aged Seventy Seven years, who being first duly sworn according to law, doth, on his oath, make the following declaration, in order to obtain the benefit of the provision made by the Act of Congress, passed June 7 1832. That in January 1775 he entered into a Company of Minute men commanded by Capt Walter Bryant of said Newmarket and was frequently called out - That in the Spring of 1775 he was called out and served over two weeks building a fort in Portsmouth harbor and was frequently on guard at Newmarket bridge - and was constantly prepared for action until about the 20th day of June 1775 when he joined his Father Sgt  Isaac Israel Gilman Lieutenant Colonel of Col James Reed's Regiment of the New Hampshire Line on the continental establishment at Winter Hill near Boston and served as a waiter to said Sgt Col Gilman until the latter part of the month of March 1776. after

The British Army left Boston - when said Regiment left Boston for New York, he was discharged. Having served nine months so that when he joined the Regiment he marched through Essex, Haverhill, Andover & Reading to Winter Hill -
That the first part of September 1777, he joined a company of volunteers who chose John Langden afterwards Governor of New Hampshire their Captain through Sandwich, W. North Hampton Mass - Albany New York and marched to Stillwater in the State of New York and joined the army under Genl Gates the day after the first battle was fought with Burgoyne's Army. That he continued to serve with Army until after the surrender of Burgoyne and composed a part of the Army that guarded Burgoyne's Army to Albany - when said volunteers were discharged and returned home that he was absent on this tour of duty about two months -
That he was born in said Newmarket on the 23 rd day of September 1755. -
That he has no record of his age excepting as recorded in his father's family Bible
That he was living in Newmarket afterwards when he entered the service and has lived in the same place ever since - That in all his services he was a volunteer - That during his first service at Winter
Hill near Boston he recollects Col James Reed, Colonel Enoch Poor Lieut Col M c Duffie, Major Joseph Cilly & many other officers - That in his service under General Gates he recollects Genl Arnold Col Joseph Cilly Col Samuel Capt Michael M c Clane

That he received no written discharge - That he has no documentary evidence nor does he know of any person living who served in the same Regiment or Corps with him -
That he is well known to James Thurston a Clergyman of Newmarket now residing in said Essex and Joseph Colcord residing in said Newmarket will testify to my character for veracity and their belief in my sources. He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any State. And Gilman
Sworn, and subscribed the day and year aforesaid John Kelly Regt Robt.
We James Thurston a clergyman of Newmarket aforesaid now residing in Essex in the said and Joseph Colcord residing in the same Newmarket do hereby certify that we are well acquainted with Andrew Gilman who has subscribed and sworn to the foregoing declaration; that we believe him to be seventy seven years of age; that he is reputed and believed in the neighborhood where he resides, to have been a soldier of the Revolution and that we concur in that opinion -
James Thurston Joseph Colcord
Sworn to and subscribed the day and year aforesaid John Kelly Regt Robt
And the said Court hereby declares the opinion, after an investigation of this matter and after putting the interrogatories prescribed by the War Department that the above named Applicant was a revolutionary soldier and

served as he states. And the Court further certifies that it appears to said Court that James Thurston who has signed the preceding certificate is a Clergyman resident in Exeter in said County and that Joseph Colcord who has also signed the the same is a resident in Newmarket in said County and is a credible person and that their statement is entitled to credit
John Harvey Judge of Probate
I John Kelly Register of Probate for the County of Rockingham and Clerk of said Court of Probate do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the Application of Andrew Gilmore for a pension
In testimony whereof I have hereunto set my hand and the seal of said Court this fourteenth day of November AD 1832.
John Kelly Reg. Probate
Andrew Gilmore Applicant
18700

Rev. War
8566
INVALID.
am
File No. 8566
Andrew Gilman
Rev. War
Act: June 7 th 1832
Index:—Vol. 102 , Page 141
[Arrangement of 1870.]

Andrew Gilman
Prob
10 Mo 17 days
$35-21.
John Kelly Esq. Exeter N.H.

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Andrew Gilman Rockingham Co. which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? yes XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? yes XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? yes Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yes XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? XVI. ‡ Are the papers authenticated as the regulations direct? yes XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
 EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
† QUERE XIV.  Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡ QUERE XVI.  Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
☞ In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.